An Institutional Theory of Law: New Approaches to Legal Positivism

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Springer Science & Business Media, Jan 31, 1986 - Philosophy - 229 pages
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Contents

THE NORM AS THOUGHT AND AS REALITY
31
1 THE BASIS FOR AND THE AIM OF ELUCIDATING THE ONTOLOGICAL STATUS OF NORMS
32
2 NORMS AS IDEAL ENTITIES
33
3 THE SPECIAL NATURE OF NORMS AS THOUGHTOBJECTS
35
4 THE NORM AS REALITY
37
5 THE LEGAL ORDER IN THE PERSPECTIVE OF THOUGHT AND OF REALITY
41
6 THE CHARACTER OF LEGAL SCIENCE
44
7 THE LOGIC OF NORMS AS AUXILIARY SCIENCE TO THE LEGAL SCIENCES
46
NOTES TO CHAPTER VI
142
THE ANALYTICODIALECTICAL THEORY OF JUSTICE A SKETCH OF AN ACTIONTHEORETICAL AND NONCOGNITIVIST THEORY OF J...
145
THE PRESENT STATE OF PLAY
146
2 PRINCIPLES OF JUSTICE AS DETERMINANTS OF CONDUCT
153
3 THE NONCOGNITIVE CHARACTER OF PRACTICAL REASONING
154
4 STRUCTURAL THEORIES OF PRACTICAL THOUGHT
156
5 THE FUNCTION OF AIMS NORMS AND VALUES
157
6 CLAIMS OF JUSTICE IN THE CONTEXT OF DECISIONMAKING
159

NOTES TO CHAPTER I
47
LAW AS INSTITUTIONAL FACT
49
2 LEGAL INSTITUTIONS AND THE STRUCTURE OF LEGAL SYSTEMS
58
3 TRANSCENDING INSTITUTIONAL FACTS
67
NOTES TO CHAPTER II
75
FACTS AND FACTDESCRIPTIONS A Logical and Methodological Reflection on a Basic Problem for the Social Sciences
77
2 BRUTE FACTS AND DESCRIPTIONS OF THEM
78
THEM
82
4 A TYPOLOGY OF PRACTICAL SENTENCES AND CONCEPTS
84
5 CONSEQUENCES FOR A BASIC METHODOLOGICAL CONCEPTION OF THE SOCIAL SCIENCES
90
NOTES TO CHAPTER III
91
ON ANALYTICAL JURISPRUDENCE
93
1 THE PROBLEM OF LEGAL KNOWLEDGE
95
2 LEGAL FACTS AS INSTITUTIONAL FACTS
97
3 THE PROBLEMATIC CHARACTER OF BRUTE FACTS
101
4 THE NEED FOR A HERMENEUTIC METHOD
102
NOTES TO CHAPTER IV
107
BEYOND POSITIVISM AND NATURAL LAW
111
1 THE LAW AS INSTITUTIONAL FACT AND THE FOUNDATION OF THE LEGALSCIENTIFIC METHOD
113
2 CRITICAL OBSERVATIONS CONCERNING THE CONCEPTION OF LEGAL POSITIVISM
115
3 ARGUMENTS FOR NATURAL LAW THEORIES
119
4 DOES ONE NEED THE IDEA OF NATURAL LAW FOR A MATERIAL JUSTIFICATION OF LAW?
122
THEORY IN SETTLING THE DISPUTE BETWEEN POSITIVISTS AND NATURAL LAW THEORISTS
124
NOTES TO CHAPTER V
125
LAW MORALITY AND POSITIVISM
127
2 LEGAL RULES AND THE INTERNAL POINT OF VIEW
130
3 THE HERMENEUTIC APPROACH TO LEGAL THEORY
134
4 THE CONVERGENCE OF POSITIVISM AND NATURAL LAW
139
7 JUSTICE IN ETHICS JURISPRUDENCE AND POLITICAL THEORY
160
8 THE CHARACTER OF REASONING ABOUT JUSTICE AS SEEN FROM THE NONCOGNITIVIST POINT OF VIEW
161
9 RATIONAL METHODS OF SUBSTANTIVE PRACTICAL REASONING
163
10 THE DIALECTICAL CHARACTER OF PRACTICAL REASONING
167
NOTES TO CHAPTER VII
169
INSTITUTIONAL MORALITY AND THE CONSTITUTION
171
2 THE THEORY OF INSTITUTIONAL MORALITY
173
THEORY
174
4 POSITIV1STIC PRESUPPOSITIONS OF INSTITUTIONAL MORALITY
179
5 PRACTICAL REASON AND CONSTITUTIONAL CUSTOM
183
NOTES TO CHAPTER VIII
186
THE LIMITS OF RATIONALITY IN LEGAL REASONING
189
1 OBSERVATIONS ON PRACTICAL RATIONALITY
190
2 LEGAL REASONING AND THE LIMITS OF RATIONALITY
201
NOTES TO CHAPTER IX
205
THE COND1TIO HUMANA AND THE IDEAL OF JUSTICE
207
2 THE ANTHROPOLOGICAL APPROACH TO THE PROBLEM OF JUSTICE
209
3 IDEALS OF JUSTICE AS DETERMINANTS OF ACTIONS
210
4 THE ANALYTICODIALECTICAL CHARACTER OF DELIBERATIONS ON JUSTICE
212
5 FORMAL POSTULATES OF JUSTICE
213
6 NATURAL LAW OR CONVICTIONS OF JUSTICE?
216
7 POSTULATES OF JUST APPLICATION OF THE LAW
217
9 COLLECTIVE ACTION
219
NOTES TO CHAPTER X
221
INDEX OF NAMES
223
INDEX OF SUBJECTS
225
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